Dr.Pradeep Arora wins in Supreme Court against governments’ sinister design to deny hospitals their fundamental right
In Maharashtra, the government can not cap the charges rendered to non covid patients. A Notification and a subordinate legislation by Maharashtra government was previously quashed by Nagpur bench of Bombay high court. The government had approached the supreme court to reverse the judgement. The SLP has been dismissed by the supreme court.
Case No. SLP(C) No. 15147/2020 – GOVERNMENT OF MAHARASHTRA Vs. HOSPITALS ASSOCIATION NAGPUR, Dr. Pradeep Arora AND ORS. was listed today, 19-07-21 in Court No. VC 5 of the SUPREME COURT OF INDIA.
Dr.Pradeep Arora who has been fighting the case on behalf of hospitals said “The Supreme Court verdict will have far-reaching consequences” The doctors community Congratulated Dr. Pradeep Arora and the Hospitals association, Nagpur who fought this governments’ sinister designs to deny Indian doctors their fundamental right to charge rates, reasonable, proportionate to or commensurate with the nature and quality of the medical treatment and allied services rendered to Non-COVID patients, which may differ from hospital to hospital.
On 23rd october, 2020,in the high court of bombay, Nagpur bench consisting of Ravi K. Deshpande, Pushpa V. Ganediwala had pronounced a judgement quashing and setting aside certain clauses of the notifications dated 30-4-2020 and 21-5-2020 applicable to Non-COVID patients. Similar provisions contained in the order No.MC/94/2020 dated 4-6-2020, issued by the Empowered Officer, i.e. the Municipal Commissioner, Nagpur Municipal Corporation, was also quashed and set aside.
According to Dr.Anup Marar, Convener of Hospitals Association, Nagpur, “Using this verdict, related such unconstitutional orders can be opposed. Capping of charges for non covid services by the government cannot be legally executed.”
According to Dr.Ashok Arbat, President of VHA, “In Maharashtra, a GR now can not be passed for capping of charges for non covid medical services by State Government without giving befitting Compensation to hospitals as per National Health Authority guidelines. ”
